Many arrests and criminal charges begin with a traffic stop. Police may stop a vehicle because they notice a person speeding or otherwise driving recklessly. Even “pretext” stops for minor traffic violations, like not having a current license plate or looking at a handheld cellphone, are still legal in Maryland
Once a driver has been stopped, do police have the right to search a vehicle and seize what they believe is evidence of criminal activity? People are often unsure of their rights. They may know that the U.S. Constitution provides protections (in the Fourth Amendment) in most cases against search and seizure in their homes without a warrant.
They’re less sure whether those protections extend to their vehicle. Can an officer start poking around the interior of their car, look in their glove compartment and open up the trunk without their consent, or do they need to wait for a warrant?
Understanding the “automobile exception” to the Fourth Amendment
The Fourth Amendment doesn’t address that, since motor vehicles didn’t exist when the Constitution was written. However, the U.S. Supreme Court (SCOTUS) has addressed the question in what’s known as the “automobile exception.”
SCOTUS has ruled that since taking the time to get a search warrant for a stopped vehicle – even electronically – isn’t realistic. First, unless a driver who hasn’t been arrested could potentially drive off. The high court has also noted that people don’t have the same expectation of privacy in a vehicle on a public road as they would inside a private property.
What is required for a legal, nonconsensual search?
Law enforcement officers still have some restrictions on vehicle searches. One or more of the following is required:
- The traffic stop must be legal.
- Officers have probable cause that evidence of a crime is inside a vehicle unless it’s in plain sight.
- The search is incident to the arrest – in other words, necessary to get evidence related to the arrest. This could involve searching for illegal drugs or open containers of alcohol during a DUI stop.
- Exigent circumstances warrant an immediate search. These could involve someone trying to destroy or discard evidence or posing an imminent danger, such as having loaded weapons or explosives.
It can be difficult for someone to know whether the search of their vehicle that led to their charge(s) was legal. If it wasn’t, any evidence – for example, illegal drugs — likely would have to be inadmissible. That’s one reason why Marylanders must get legal guidance as soon as possible to protect their rights.